On September 21, 2020 a
Party Statement
was filed
involving a dispute between
Brussard, James,
and
Does 1 Through 20,
General Motors, Llca Delaware Limited Liability Company,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
Preview
DAVID N. BARRY, ESQ. (SBN 219230) ELECTRONICALLY FILED
SUPERIOR COURT 0F CALIFORNIA
LOGAN G. PASCAL, ESQ- (SBN 324733) COUNTY 0F SAN BERNARDINO
THE BARRY LAW FIRM SAN BERNARDINO DISTRICT
11845 W. Olympic B1Vd., Suite 1270
Los Angeles, CA 90064 10/18/2023 5:06 PM
Telephone: 310.684.5859 .
.
By' Betty DaV'dS°”’ DEPUTY
Facsimile: 310.862.4539
Attorneys for Plaintiff, JAMES BRUSSARD
THE ERSKINE LAW GROUP, P.C.
MARY ARENS MCBRIDE, ESQ. (SBN 282459)
CAMERON MAJOR, ESQ. (SBN 325986)
cmajor@erskinelaw.com
1592 N. Batavia St., Suite 1A
Orange, CA 92867
Telephone: (949) 777-6032
Facsimile: (248) 601-4497
10
Attorneys for Defendants, GENERAL MOTORS LLC
11
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13
FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER
14
. , .
Case N0. CIVD82019921
15
JAMES BRUSSARD, an 1nd1v1dual,
16 JOINT STATEMENT OF THE CASE
Plaintiff,
17
V. Trial Readiness Conference:
18 Date: October 19, 2023
Time: 9:00 a.m.
19 Dept: Sl4
GENERAL MOTORS LLC, A Delaware
20 , , _ , ,
Action Filed: September 21, 2020
lelted L1ab111ty Company; and DOES 1
Jury Trial: October 23, 2023
21
through 20, inclusive,
22 Assignedfor allpurposes t0 Hon. Jeflrey R.
Defendants. Erickson - Dept. SI4
23
24
25
26 This Lemon Law and Fraudulent Inducement — Concealment lawsuit stems from Plaintiff
27 JAMES BRUSSARD’S (“Plaintiff’) purchase 0f a new 2016 Chevrolet Silverado 0n July 25, 2016
28 for a total amount of $43,702.72. The Vehicle was manufactured and warranted by Defendant
-1-
JOINT STATEMENT OF THE CASE
GENERAL MOTORS LLC (“Defendant” 0r “GM”).
Shortly after purchase, Plaintiff began t0 experience significant problems With the Vehicle
for defects and malfunctions, specifically for issues With Recall N192268490 for increased brake
pedal effort, transmission system failure, inoperable horn, air conditioning system failure, and
abnormal noises. Plaintiff contends that Defendant failed to repair the Subject Vehicle within a
reasonable number 0f attempts and the Subject Vehicle was not fit for its intended purposes.
Additionally, Defendant intentionally concealed and failed to disclose facts relating to the
defective 6L80 transmission. Defendant was the only party With knowledge 0f the defective
transmission because that knowledge came from internal reports such as pre-release testing data,
10 customer complaints made directly to Defendant, and technical service bulletins. Had Defendant
11 publicly 0r privately disclosed the defective transmission to Plaintiff at or prior to the sale, Plaintiff
12 would not have purchased the Subj ect Vehicle. Thus, Plaintiff contends that he is entitled t0 punitive
13 damages.
14 Defendant General Motors LLC (“GM”) disputes that it breached its warranty obligations
15 under the Song-Beverly Act in regard t0 the 2016 Chevrolet Silverado. GM alleges it honored its
16 warranty obligations at all times and successfully repaired the Vehicle Within a reasonable number
17 0f repair attempts and within a reasonable amount 0f time. GM disputes that it willfully failed t0
18 repurchase the 2016 Chevrolet Silverado. GM further alleges that the vehicle is not defective, nor
19 did GM intend to deceive, omit information, conceal a substantial factor, 0r cause any harm t0
20 Plaintiff.
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-2-
JOINT STATEMENT OF THE CASE
Document Filed Date
October 18, 2023
Case Filing Date
September 21, 2020
Category
Breach of Contract/Warranty Unlimited
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Preview
DAVID N. BARRY, ESQ. (SBN 219230) ELECTRONICALLY FILED SUPERIOR COURT 0F CALIFORNIA LOGAN G. PASCAL, ESQ- (SBN 324733) COUNTY 0F SAN BERNARDINO THE BARRY LAW FIRM SAN BERNARDINO DISTRICT 11845 W. Olympic B1Vd., Suite 1270 Los Angeles, CA 90064 10/18/2023 5:06 PM Telephone: 310.684.5859 . . By' Betty DaV'dS°”’ DEPUTY Facsimile: 310.862.4539 Attorneys for Plaintiff, JAMES BRUSSARD THE ERSKINE LAW GROUP, P.C. MARY ARENS MCBRIDE, ESQ. (SBN 282459) CAMERON MAJOR, ESQ. (SBN 325986) cmajor@erskinelaw.com 1592 N. Batavia St., Suite 1A Orange, CA 92867 Telephone: (949) 777-6032 Facsimile: (248) 601-4497 10 Attorneys for Defendants, GENERAL MOTORS LLC 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER 14 . , . Case N0. CIVD82019921 15 JAMES BRUSSARD, an 1nd1v1dual, 16 JOINT STATEMENT OF THE CASE Plaintiff, 17 V. Trial Readiness Conference: 18 Date: October 19, 2023 Time: 9:00 a.m. 19 Dept: Sl4 GENERAL MOTORS LLC, A Delaware 20 , , _ , , Action Filed: September 21, 2020 lelted L1ab111ty Company; and DOES 1 Jury Trial: October 23, 2023 21 through 20, inclusive, 22 Assignedfor allpurposes t0 Hon. Jeflrey R. Defendants. Erickson - Dept. SI4 23 24 25 26 This Lemon Law and Fraudulent Inducement — Concealment lawsuit stems from Plaintiff 27 JAMES BRUSSARD’S (“Plaintiff’) purchase 0f a new 2016 Chevrolet Silverado 0n July 25, 2016 28 for a total amount of $43,702.72. The Vehicle was manufactured and warranted by Defendant -1- JOINT STATEMENT OF THE CASE GENERAL MOTORS LLC (“Defendant” 0r “GM”). Shortly after purchase, Plaintiff began t0 experience significant problems With the Vehicle for defects and malfunctions, specifically for issues With Recall N192268490 for increased brake pedal effort, transmission system failure, inoperable horn, air conditioning system failure, and abnormal noises. Plaintiff contends that Defendant failed to repair the Subject Vehicle within a reasonable number 0f attempts and the Subject Vehicle was not fit for its intended purposes. Additionally, Defendant intentionally concealed and failed to disclose facts relating to the defective 6L80 transmission. Defendant was the only party With knowledge 0f the defective transmission because that knowledge came from internal reports such as pre-release testing data, 10 customer complaints made directly to Defendant, and technical service bulletins. Had Defendant 11 publicly 0r privately disclosed the defective transmission to Plaintiff at or prior to the sale, Plaintiff 12 would not have purchased the Subj ect Vehicle. Thus, Plaintiff contends that he is entitled t0 punitive 13 damages. 14 Defendant General Motors LLC (“GM”) disputes that it breached its warranty obligations 15 under the Song-Beverly Act in regard t0 the 2016 Chevrolet Silverado. GM alleges it honored its 16 warranty obligations at all times and successfully repaired the Vehicle Within a reasonable number 17 0f repair attempts and within a reasonable amount 0f time. GM disputes that it willfully failed t0 18 repurchase the 2016 Chevrolet Silverado. GM further alleges that the vehicle is not defective, nor 19 did GM intend to deceive, omit information, conceal a substantial factor, 0r cause any harm t0 20 Plaintiff. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// -2- JOINT STATEMENT OF THE CASE